...consider the recent acts as a fundamental change in circumstances of the cooperative spirit of goodwill and friendship that constituted an “essential basis of the consent of the parties” to...
...applying mediation rules to international mediations. I. SELECTING A NEUTRAL MEDIATOR How do you select a mediator in a cross-border dispute whom both sides view as neutral? Parties must be...
Author: M. Scott Donahey** Published: August 1996 Jurisdiction: International United States Topics: Commercial Disputes Dispute Resolution and Litigation Description:Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. is the culmination of three...
...the area, was seen by all parties as pivotal in establishing a workable peace. During the arbitration process, the parties touched on several basic problems involving the sources of international...
Author: Kate Joohyun Lee** Published: September 2019 Jurisdiction: International Topics: Enforcement of Arbitral Awards Multiple Parties Court Decisions Contractual Expansion or Limitation of Judicial Review Responsibility of Parties Bankruptcy of...
...instrument of choice. — When 52 American hostages were detained at the U.S. embassy in Tehran, some $12 billion of Iranian assets in the United States and at American banks...
Author: Myron N. R. Phua* Published: December 2017 Jurisdictions: United States International Topics: Interpretation of the Award Arbitral Process Existence and Validity of Agreement to Arbitrate Contents of Arbitration Agreement...
Author: Alan Scott Rau* Published: September 2019 Jurisdiction: International Topics: Arbitral Adjudication Agreement to Arbitrate Third Parties in Arbitral Proceedings Applicable Law Applicable Conflict-of-Laws System Authority of the Arbitral Tribunal...
Author: Hans Smit* Published: December 2005 Jurisdiction: United States Topics: Waivers Dispute Resolution and Litigation Class Action Description: I. INTRODUCTION Arbitration is rapidly becoming the fashion of the day. It...
Author: Michael Bühler* Published: December 1992 Topics: Interest and Costs Apportioning of Costs Arbitration Fees Expenses of Parties ICC Description: International commercial arbitration is commonly praised by its advocates as...
...is suggested that the ambiguities could be minimized if arbitration tribunals were selected, either by the parties directly or on their behalf by arbitral institutions, from predesignated groups of disinterested...
...which inherently possess jurisdiction to hear disputes as the established organs of law enforcement within a legal system, arbitral tribunals are creations of contracts between parties. Arbitral tribunals exist only...
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